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If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. Ultimately, it depends on the alleged facts. You are presumed innocent. You have a right to a trial. The prosecutor needs to prove your guilt beyond a reasonable doubt. If the prosecutor cannot meet their burden of proof, you will not be convicted.

If this is your first offense, then, depending on the county in which you are charged, there may be a way to resolve the case without it resulting in a final conviction. Hiring an experienced criminal defense lawyer would be the best thing for you to do.

DUI's are very fact specific and you may have a defense to your case. However, if there are no defense, you will be stuck with a DUI (which can be expunged later). The DA fights DUI cases very hard and if you drive while under the influence, you may have to face responsibility for your actions and deal with the consequences like an adult.

"getting out" of a DUI is difficult if not impossible if your blood alcohol content was in excess of .08- DUI's are very strictly prosecuted- and if there is sufficient evidence to established that the alcohol affected your driving- avoiding it is extremely difficult. Depending on the facts and circumstances, which an attorney can analyze, there may be a means of getting a reduced charge, but it will require an attorney and a good set of facts.

There are ways of negotiating the terms of your DUI charge with the District Attorney. In addition, depending on your particular circumstances you can have a charged dismissed if the police did not have probable cause to pull you over in the first place or the indicators of you being drunk were out of hand.

The first step when we handle a DUI charge is to very carefully review the police report, including any witness statements, and narrative prepared by the arresting police officer. I also take a close look at the test results that established intoxication, and the type of test (breathalyzer or blood test). If it can be established that the breathalyzer machine was not operating correctly, or that the breath test was performed an hour or more after the time of the actual stop, we are potentially able to work out a defense to the charge. This is so because the results of a breath test done a significant period of time after the actual stop are just not accurate, and do not reflect the blood-alcohol level at the time of actually driving. In the event that a complete defense to the charge can be established, it is possible to get the charge dismissed entirely. In situations where a complete defense is not available (and a close review of the police report is necessary to determine this), we are able to negotiate with the prosecuting attorney and work out a reduced sentence/punishment. The punishment for a second DUI, if you do not retain an attorney, can be stiff, including jail time. We typically work with the prosecuting attorney to keep our clients out of jail and get a significantly reduced punishment. However, based on the exact facts of your charge (why you were pulled over, what type of testing was done, etc...) you may have a full defense to the charge.

There are various ways to fight DUIs. There are defenses based on the officer's potential mistakes in making the stop, arrest, implied consent warning, and various defenses based on the type of alcohol test that was administered. This often involves hiring expert witnesses. You need to find a lawyer that knows how to assert these defenses.

CAN the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. No insult intended, but I assume you know that there is no magic wand to waive and make this go away. The police and prosecutors don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight, and a reason to do so. If they arrested you, they think they can convict you. Of course you can fight the criminal charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.

Yes there are defenses to a DUI and trained lawyers who do many of these cases and go to DUI legal seminars usually know what to look for. For example, there are only three field tests that have any scientific validityso if the police gave you others then those tests may be meaningless. The language the officer used is important as he may have violated your Fourth Amendment rights by ordering you to to certain things. He may have directed you to perform the field sobriety tests wrong, or scored them wrong, or ordered you to do something the tests do not require. The police may have performed the field tests in the wrong place or contaminated the results or by sloppy work created legal openings for the defense. The breath machine may have been malfunctioning and an experienced DUI lawyer can look at the test results and determine if the air capacity of the blows is consistent with the readings, or if the gas cylinder needed changing or if the machine had problems. If blood test, did the nurse follow the exact protocols the law requires? As a former police officer, now attorney, I find that human mistakes, machine errors and legal violations constitute most of the successful DUI defenses I use in court. Bottom linedefenses exist but it takes an experienced DUI lawyer to find them.

Yes, but it will depend on the particular facts in your case. You would need to have your case reviewed by an attorney who is familiar with such cases, and then you will have a better understanding of whether there is some chance to get the DUI dismissed. I hope that this was helpful.

DUI breath testing is the most common way to measure BAC, it' however, is not always an accurate one. A DUI breath test doesn't directly measure the amount of alcohol in your blood. It measures the amount of alcohol present in your breath and then converts that amount to determine the amount of alcohol in your blood . As a result, DUI breath testing is susceptible to a variety of outside influences that can generate an erroneously high BAC reading. Most California DUI breath testing instruments aren't sophisticated enough to distinguish between this self-produced isopropyl alcohol and ethyl alcohol (the type of alcohol that we drink). As a result, Atkins-style diets or diabetes or hypoglycemia can trick a DUI breath testing instrument into producing a falsely high BAC . Alcohol takes a certain amount of time (typically between 50 minutes and three hours) to absorb into your system. If, for example, you had just recently finished drinking...and were investigated for DUI shortly thereafter...your alcohol may not have reached its peak absorption rate. When this is the case, your blood alcohol level is still rising, which can cause a false high DUI BAC result . There are a variety of factors that could taint the results of your DUI blood test results: California DUI blood testing certainly isn't foolproof . Title 17 of the California Code of Regulations sets forth the requirements for collecting, storing, and analyzing DUI chemical tests. These regulations are very specific, and any violation of California's Title 17 can compromise your DUI BAC results . Before the police can stop your car, detain you to conduct a DUI investigation, or arrest you for a California DUI, they must have a reasonable suspicion or reasonable belief that you are engaged in criminal activity. If an officer doesn't have the probable cause necessary before engaging in any one of these stages, any evidence that is obtained as a result of that illegal procedure will be suppressed. Despite common misperception, Miranda rights aren't always required in a California DUI arrest. They are, however required when (1) you have been arrested, and (2) the officer is conducting a custodial interrogation. A "custodial interrogation" takes place when an officer asks you questions designed to solicit incriminating responses after you are in custody. You are in custody when a person in like situation would not feel he had a right to leave. If these conditions have both been satisfied, the officer must advise you of your Miranda rights or risk having any subsequent statements excluded from evidence The officer will claim that you exhibited red/watery eyes, a flushed face, slurred speech, an unsteady gait, and had the odor of an alcoholic beverage on your breath. Whether or not this description is accurate, the fact is that none of these signs or symptoms necessarily means that you are DUI. And even if you were drinking, these characteristics don't in and of themselves indicate that you were under the influence of alcohol and/or drugs. Even the most reliable California field sobriety tests aren't accurate indicators of alcohol and/or drug impairment . The three tests that have actual data to support their trustworthiness are only between 65-77% accurate at detecting impairment...and that's only if they are precisely administered and scored. And just like the innocent explanations that can account for physical signs of impairment. Blood alcohol concentration (BAC) is affected by many different factors, not just the actual amount of alcohol in one's body Even assuming that all testing conditions are perfect there are still an inherent error rate with California DUI chemical testing. Experts agree that California DUI chemical testing has a +/- error rate of between 0.005-0.02%. As a result, a California DUI defense attorney can challenge BAC results that are between 0.08-0.10%, since they could be lower than the minimum 0.08% required by Vehicle Code 23152b driving with a BAC of at least 0.08%.

The only way to "get out of" a DUI is to be found not guilty of the charge. I can't tell you how to do that without knowing the details of your case. I advise you to hire a good attorney who is experienced at handling DUI cases.

Yes and no. Every case depends on the facts and the applicable law. With no facts, no lawyer could give you an answer. There are many ways to defend against DUI charges, so you should really consult with a criminal defense attorney for specific advice.

There are many factors that come into play when a person is arrested for DUI. Most Courts tend to lean toward conviction but DUI cases do not always result in a conviction. The facts of each case can have alot to do with the outcome. It is not entirely impossible that a court may consider either a good behavior disposition or you might qualify for the new diversion program. If you successfully complete a good behavior or a diversion program you may be successful in getting the charge dismissed.

A short question that would require a lengthy answer. Each dui is decided on its own facts. The two ways to defend a dui are to challenge the officer's investigation and secondly to pursue procedural defenses that occur after charges are filed. By law, a dui cannot be reduced or dismissed by the prosecutor unless there was no probable cause for the stop or the prosecutor can certify to the court that the charges cannot be proven beyond a reasonable doubt. The only way to avoid being convicted of dui is challenge the evidence and procedures.

You should retain a good criminal lawyer to handle the case. Unless the prosecutor cannot prove that you were driving or that you were drinking you will at least be convicted of the violation of DWUI which is almost as bad as a DWI conviction which is the misdemeanor. Drunk driving is like firing a gun at a moving train and hoping that no one gets hit by the bullets. Most people who get a DWI are either alcoholics or young men driving home from a bar late at night. It is a lot safer and cheaper to call a taxi or Designated Driver, a service that drives you home in your own car for a fee.

Hire a lawyer to defend you. It may be able to be dismissed with the right representation, or you may be able to go to trial and get a not guilty. In some counties, the case can be worked out to avoid the situation resulting in a DWI conviction in other ways.

There are many ways to fight and get out of a dui. Some examples: the officer couldn't prove you were driving the car; the officer did not probable cause to perform the traffic stop; the breathalyzer was proven unreliable; the officer was impeached re: his police reports.

Hire an aggressive attorney ASAP. There are a variety of reasons why your attorney may be able to get the charge dismissed or have you found not guilty. The best chance you have of avoiding a conviction, is to hire an aggressive attorney.

Best thing to do is hire an experienced DUI attorney to defend you. There are so many variables to consider in a DUI case that until an attorney starts working the case one can only speculate to a certain extent. Although, based on an initial interview, I could give you an idea of the chances of a dismissal, and what I could do to increase those chances (revolving around forensic science and court procedure).

That depends on the facts. You would need a good attorney to go over the facts including what the police reports says, in order to answer that question. The best way to avoid being convicted is to not drink and drive.

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